Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698945467835.pdf (South Africa)
Women’s Charter Review Date: 07 October 2022 Commissioner Dibeela Mothupi Commission for Gender Equality 1 OVERVIEW What is the CGE What is its Mandate  Legislative Framework Advocacy, Outreach and Legal Clinics Gender Mainstreaming in Local government Stakeholder engagements CGE work on gender based violence 2 OUR MISSION OUR VISION To promote, protect, monitor and evaluate gender equality through A society free from all forms of gender oppression and inequality research • • public education • policy development • legislative initiatives • litigation 3 THE COMMISSION ON GENDER EQUALITY WHO IS THE CGE?
 SA Constitution: S187 of the Constitution require the CGE to promote respect for and the protection, development and attainment of gender equality.
CGE Act No 39 of 1996: Mandates the CGE is to -  Monitor and evaluate legislation, policies and practices of the state, and statutory bodies and private business, as well as indigenous and customary laws and practices;  Do research and make recommendations to Parliament;  Receive and investigate complaints of gender discrimination; and conduct public awareness and education on gender equality.

 The CGE has the power to subpoena and to litigate.
4 • Since 1994 South Africa has developed an extensive legal and policy framework Enabling Legislation on GBV The Constitution of South Africa • The Bill of Rights provides for human rights of equality, human dignity, freedom and security of the person, to freedom from being subjected to servitude, forced labour, and the right to fair labour practices.
• Section 9(3) states that the State may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth.
5 Continuation • Section 10 states Everyone has an inherent right to dignity and to have their dignity respected and protected • Section 12 makes a provision for the protection and security of all persons.
• Section 28 underscores that every child has the right “to be protected from maltreatment, neglect, abuse or degradation 6 • Women’s charter base document in Article: 2 states that; • • “ Women face a number of structural barriers to the realisation of their human rights, which are either overlooked or not adequately addressed in national laws, policies and budgets.
often experience secondary victimisation when taking up issues such as gender-based violence within the criminal justice system.” • Within communities a lot women come across these challenges as identified by the base document As CGE our strategic objective no 2 is to ensure that Gender equality promoted is through information & education to foster public understanding • .

Output indicator 2.2 requires for education officers to conduct public education outreach.
The objectives of the interventions are to: Outreach • • • Educate and inform communities on legislation and procedures relating to gender inequality and gender-based violence and raising awareness on topical issues within the field of gender.

To provide a platform for public education on access to justice for affected individuals who have experienced any form of gender related discrimination, gender-based violence and infringement of their rights.
Raise the visibility and public profile of the Commission for Gender Equality and of other stakeholders within the justice system.

8 Advocacy, Outreach and Legal Clinics • CGE, through its PEI unit, conduct outreach programs to educate and empower communities on gender equality and human rights.
• These sessions aim to foster public understanding on matters pertaining to legislation that have an impact on gender equality and to raise the visibility and understanding of mandates and functions of the Commission for Gender Equality and of other stakeholders within the justice system.
• The Public education programs by the CGE include information on legislation such as the Domestic Violence Act, Sexual Offenses Amendment Act, Recognition of Customary Marriages Act, Civil Marriages Act, Maintenance Act, Protection from Harassment Act amongst others.

9 Advocacy, Outreach and Legal Clinics • These outreach programs assist the CGE to identify systemic issues and further investigate gender related complaints and identify appropriate redress.
• It further allows for collaboration with like minded organisations complementing the mandate of the CGE and creating a platform for access for the community to these stakeholders 10 Advocacy, Outreach and Access to Justice • The CGE during the period under review collaborated with the following radio stations providing relevant gender related information during interviews: RADIO STATION AREA OF COVERAGE CUT FM (Community radio station) Mangaung MOTHEO FM (Community radio Station) Mangaung, Lejweleputswa, Xhariep etc.
LESEDI FM (Semi National radio station) Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Mpumalanga and North West.

QWAQWA FM (Community radio station) Thabo Mofutsanyane District Mosupatsela FM (Community radio station) Mangaung, Lejweleputswa, Thabo Mofutsanyane etc.
The Rock FM (Community radio station) Lejweleputswa Lekoa FM (Community radio station) Sedibeng – Vaal (inclusive of some towns in FS close to the Vaal) 11 Outreach 12 Various Stakeholders have participated during these interventions: Outreach SAPS • • DOJ & CD • DSD • Department of Health • NPA and Thuthuzela Care Centres • • GCIS • • Civil Society Organisations Legal Aid South Africa Local Municipalities 13 IDENTIFIED GENDER EMERGING ISSUES  LGBTQIA+ Rights : Discrimination, access to justice and poor mainstreaming  Customary Law: Discrimination of women married according to customarily law, Capacity building of traditional leadership  Gender Mainstreaming in Local Government: Political, Administrative, and Governance related challenges that hinder mainstreaming  Criminalisation of Sex Work: Vulnerability, violation and discrimination of workers in the sector  Human Trafficking: Cases/ Victims falling through the cracks due to lack of capacity and delayed response  Gender Equality: Workplace vs Domestic space 14 IDENTIFIED GENDER EMERGING ISSUES  Men and Boys: Importance of their role in eradication GBVF, Men and Boys as victims of GBV  GBVF: Poor understanding of Sexual Harassment, the justice system  Drivers of GBVF: Underdevelopment due to poor municipal services, access to substances and poor regulations and monitoring  GBVF Response: SAPS, Shelters, Emergency Medical Services, Social Work Services, Confidentiality  Monitoring and Evaluation: No clear measurement of impact of gender related interventions 15 ADVOCACY, OUTREACH AND ACCESS TO JUSTICE INCLUDING COMPLAINTS MANAGEMENT Cases/ Gender Challenges • Concerns that the Justice system is not responding adequately to crimes committed against the LGBTQIA+ community • Child Maintenance Cases • Custody & Access to minor children (Fathers rights) • Gender Based Violence and Sexual offenses • Sexual Harassment in the workplace inclusive of general gender discrimination • Poor Service Delivery impacting on GBV ( Mangaung Municipality, SAPS etc.)
• There are still some challenges relating to gender transformation within the traditional sector 16 COMPLAINTS MANAGEMENT Mandate of CGE in terms of section 187 of the Constitution - Part of the mandate of CGE is to receive and investigate complaints of gender discrimination; and conduct public awareness and education on gender equality.
CGE has powers to subpoena and further litigate on issues of gender Nature of Complaints - The complaints received are categorised as mostly related to Maintenance, GBV and Gender Discrimination - Complaints are received in various forms including, via in person visits to the CGE offices, Email as wells as through post.
17 COMPLAINTS MANAGEMENT General observations The complaints are predominantly from women and, - - Are mostly rooted in the lack of knowledge about processes and available resources that could provide assistance Referrals to EE Hearings - As part the mandate of CGE, the organisation holds investigative hearing at - Provincial and National level.
These hearing give the CGE insight into the levels of transformation within the organisations investigated as well as providing the investigated organisations the opportunity to account for to the Commission based on complaints received or information obtained after investigations.

18 COMPLAINTS MANAGEMENT Referrals to EE Hearings (cont.)

- - - - The FS province held provincial hearings.


The Mangaung Municipality and The Free State Department of Economic, Small Business Development, Tourism & Environmental Affairs participated in these processes.

In respect of national transformation hearings entities from the FS province selected to participate was Kloppers and OVK The FS province has also taken part in the systemic investigations regarding shelters.
There is still much that needs to be done to ensure that the Province reaches its equity goals, and - CGE will continue to work with various entities and organisations in the Province by supporting and guiding them to reach these equity goals.
19 Gender Mainstreaming The Council of Europe defined gender mainstreaming as: “The (re)organisation, improvement, development and evaluation of policy processes, so that a gender equality perspective is incorporated in all policies at all levels and at all stages, by the actors normally involved in policy-making.’’ “Women and men have different needs and living conditions and circumstances, including unequal access to and control over power, resources, human rights and institutions, including the justice system.
“ “The situations of women and men also differ according to country, region, age, ethnic or social origin, or other factors.

The aim of gender mainstreaming is to take into account these differences when designing, implementing and evaluating policies, programmes and projects, so that they benefit both women and men and do not increase inequality but enhance gender equality.

Gender mainstreaming aims to solve –sometimes hidden- gender inequalities.
It is therefore a tool for achieving gender equality.” 20 The United Nations defines gender mainstreaming as:  “…the process of assessing the implications for women, men and LGTBIQA+ of any planned action, including legislation, policies or programmes, in all areas and at all levels.
 It is a strategy for making women’s, men’s as well as LGTBIQA+ concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and societal spheres so that women and men benefit equally and inequality is not perpetuated.

The ultimate goal is to achieve gender equality.


21 Gender mainstreaming The Women’s charter base document on article 7 POLITICAL AND CIVIC LIFE: ADVANCING WOMEN’S RIGHTS AT LOCAL GOVERNMENT LEVEL States that ; • • “Women are directly affected by the delivery of services or lack thereof in communities .
In most communities’ women and children are the majority recipients at local level, but do not have the voice to speak out when these services are not provided, • The SWC had its origin in the need “to coordinate, promote and advocate for gender appropriate strategies and practices within member municipalities and feed into regional and continental processes.” • For municipalities to ensure that gender appropriate strategies and practices which feed into regional and continental process gender mainstreaming becomes a solution 22 Gender Mainstreaming in Local Government o As the CGE In the past three financial years (2017/18, 2018/19 and 2019/20), we have conducted gender sensitive training and mainstreaming for several municipalities across the province.
And this is responding the need to coordinate, promote and advocate for gender appropriate strategies and practices o The CGE in collaboration with SALGA and COGTA, have conducted gender sensitive and gender mainstreaming interventions for several municipalities across the Free State province.

o These interventions are informed by the national and international instruments that seek to promote development for gender equality, empowerment of women and elimination of all forms of discrimination.
23 Gender Mainstreaming in Local Government o For Local Government, this means that gender considerations have to inform all Integrated Development Planning processes, budgeting, programme implementation as well as monitoring, evaluation and reporting.
The origins of the SWC speaks to this by identifying the need to coordinate, promote and advocate for gender appropriate strategies and practices o In the financial year 2020/21 municipalities identified were o Phumelela Local Municipality o Fezile Dabi District Municipality o The province continued to work with the municipalities that were identified in the previous financial years which were o Metsimaholo Local Municipality o Matjhabeng Local Municipality, o Thabo Mofutsanyana District Municipality and o Setsoto Local Municipality 24 Gender Mainstreaming in Local Government o Maluti-A-Phofung Local Municipality also volunteered in 2020/21 to participate in the programme.
o Desktop analysis of the IDPs of Municipalities selected for 2020-2021 financial year was finalised and feedback meetings were organised with the Municipalities.

The FS Province is currently in phase 2 of the GM process with all listed in the presentation.

Summation on status of each municipality: Name: Phumelela Local Municipality Status: IDP received and reviews.

Observations not yet presented as Gender Audit tool still outstanding.

Gender Mainstream Capacity Building workshop conducted.
The municipality remains non-responsive despite intervention by SALGA & COGTA 25 Gender Mainstreaming in Local Governement • Name: Fezile Dabi District Municipality • Status: IDP and Gender Audit Tools analysed.

Gender Mainstream capacity workshop conducted.

Phase 2 letters dispatched, and continuous follow-up will be done.

Feedback to be provided to the municipality however same is non-responsive.
• Name: Metsimaholo Local Municipality • Status: The Gender Audit Tools were completed by the municipality and Gender Maintsream capacity workshop conducted.

Phase 2 letter dispatched with continuous follow-ups done.

The municipality is however non-responsive despite interventions by COGTA and SALGA.

26 Gender Mainstreaming in Local Governement • Name: Matjhabeng Local Municipality, • Status: Gender Audit Tool is still outstanding, Tools are outstanding.
The municipality is however non-responsive despite interventions by SALGA & COGTA • Name: Thabo Mofutsanyana District Municipality • Status: The Gender Audit Tools were completed by the municipality.

Phase 2 letters were dispatched to the municipality.

The latter is however non- responsive despite interventions by SALGA&COGTA.
27 Gender Mainstreaming in Local Governement • Name: Setsoto Local Municipality • Status: The Gender Audit Tool, capacity building workshop, analysis of the tool, finalisation and submission of the final report has been completed.

The Municipality has drafted an Implementation Plan and submitted same to the CGE; however, the plan must be revised as recommended by the CGE.
The plan submitted by Setsoto Local Municipality did not indicate SMART completion dates taking into consideration various programme, logistical, structural timelines as well as possible risks.

28 Challenges relating to Gender Mainstreaming o The positioning of special programs (gender focal persons), aligned to the office of the Mayor instead of the Municipal Managers office.
Ideally this function should resort in the Municipal Managers office to ensure that gender mainstreaming is aligned with administrative and service delivery programs and budgetary processes.
o The gender focal persons should be appointed at strategic decision-making levels to ensure intentional / impactful influence of Municipal processes o Whenever elections take place, there is usually a hinderance to the functioning of municipalities whereby all activities and efforts are directed towards the political environment, and thus resulting in a negligence towards the administration wing of local government.
29 Challenges relating to Gender Mainstreaming o Gender Mainstreaming is perceived as a standalone agenda hence various municipalities report budgetary constraints as a hinderance to mainstreaming.
o Municipalities do not have proper monitoring and evaluation process for gender mainstreaming o Municipalities have not been able to mainstream due to a lack of gender auditing (Internal and External, Availability of gender disaggregated data) o Unresponsiveness by municipalities despite interventions by SALGA & COGTA, save for one (Setsoto) who communicated their challenges to the CGE.
30 CGE interventions Relating To Challenges on Gender Mainstreaming • CGE previously engaged with the HOD COGTA to discuss challenge experienced with specific reference to the lack of co-operation / non- responsiveness by municipalities.

• Partnering with COGTA and SALGA was aimed to establish and foster a working relationship and further to assist the smooth running of the GM process.

• Setsoto Local Municipality Engagement: Municipal Manager and Management engagements.
The AMM was also briefed about the gender mainstreaming work that is being done with her Municipality.

It was agreed that she will assist the CGE when meetings are organised with Setsotho Municipality and ensure that her Municipality engages and cooperates with the recommendations.
31 CGE interventions Relating To Challenges on Gender Mainstreaming • Progress meeting held with SALGA & COGTA - purpose of the meeting was to discuss progress regarding the gender mainstreaming programme on local government as well as to put in place a plan of action to address present challenges.
• It was indicated in the meeting that following the 2021 Local Government Elections, it is expect that there may be hinderances to progress achieved thus far due to new mayors, councillors and members of mayoral council including administration staff and gender focal persons that will be joining the municipalities.

As a measure to preserve previous progress, SALGA has requested that Municipal Managers include reports for gender mainstreaming in their closing reports.
32 CGE interventions Relating To Challenges on Gender Mainstreaming • It was resolved that the work on gender mainstreaming will continue with the municipalities from the previous financial years.

It was further decided that a Gender Mainstreaming Workshop must be conducted as an orientation /induction for the new leadership.
• The Workshop will take the form of a seminar targeted at MMCs for Social/ Community Development with the purpose to capacitate them on various legislations and on Gender Mainstreaming in Local Government.

The intervention will be conducted in the new financial year.
33 Stakeholder Management: Effective management of stakeholder relations is key to the implementation of the CGE’s mandate as outline in the Constitution of the Republic of South Africa and functions as outlined in Section 11 of the CGE Act of 1996.
This critical aspect in implementing the mandate of the CGE can further be described as follows: - • • • To ensure a customized and coherent approach to stakeholder engagements across sectors To enable better planned and more informed policies, procedures, projects, programmes and services To facilitate effective collaboration and knowledge sharing, i.e.
reports that the Commission produces, systemic investigation reports, complaints report, Court monitoring report and all relevant reports 34 Economic Empowerment Engagements (Previous) Rural Women Sector Stakeholder Engagement • The engagement was conducted in the area of the Xhariep District Municipality.
The purpose of the stakeholder engagement was to track the challenges and opportunities on the empowerment of women and girls in the Free State, to engage with relevant duty bearers • Training opportunities, and basic services such as water, electricity, basic health services amongst others were highlighted as some of the challenges experienced by women.

• It was also submitted that men is equally affected by these challenges.
35 Economic Empowerment Engagements (Previous) Economic Empowerment Stakeholder Engagement • The stakeholder engagement took shape of a discussion platform about critical issues that women entrepreneurs are facing as they attempt to grow their business.

• It was highlighted that women usually are often unable to invest towards their businesses as they need to ensure that the household responsibilities are taken care of.

In return further development of skills is also affected due to financial constraints.
• It is believed that the patriarchal way of thinking is deeply embedded in society and is men therefore in a more advantaged position.

36 Economic Empowerment Engagements Resolutions included: • • To ensure mainstreaming of disability in all economic sector initiatives.

There should be proper collaboration between all economic sector stakeholders (government agencies including private sector).
• Women should acquaint themselves with local relevant sector structures/associations/bargaining council to assist them in their businesses for mentoring.
• More Human Rights Education • Rural people have inherent skills, commercializing their skills will impact positively to their development and empowerment 37 Stakeholder Engagement on Gender Equality Programs (Recent) • Impact of service delivery on Gender Based Violence and Femicide response in Bloemspruit, Mangaung Metro Municipality - the aim was to discuss work previously done with the Mangaung Metro in respect of Employment Equity hearings in 2013/2014, and also to allows stakeholders to present how the lack of service delivery by the municipality directly impact on their services to respond to GBV.
• Alcohol and Substance Abuse as contributing factors to Gender Based Violence and Femicide – Aimed at the effectiveness of law enforcement & legislation as mechanisms available to dealing with alcohol and drug abuse.

And further the best practice models that ameliorate the impact of alcohol and drugs as contributing factors to GBVF.
38 Stakeholder Engagement on Gender Equality Programs • Webinar-Based Stakeholder Engagement on Gender-Based Violence Perpetuated Against LGBTQIA+ Persons - To promote the catalyst role of the CGE through creating a platform to engage with stakeholders to discuss the Gender Based Violence perpetuated against LGBTQIA+ persons in the Free State Province • Department of Social Development – HOD and Senior Management Engagement – To discuss corporation of the department ito complaints management and further discuss the commendable performance of the Department in relation to improvements in representation of women in SMS level and solicit best practice on how to maintain the position for purposes of sharing with other departments.
39 Stakeholder Engagement on Gender Equality Programs • Department of COGTA – HOD Engagement meeting - The purpose of this session was to introduce the HOD to the gender mainstreaming work that is done by the CGE with FS Municipalities and to request his intervention on the identified challenges.

Further discussions was on complaints management and representation of women in SMS level.
• Webinar on Women in Leadership and Patriarchy - To provide a platform to discuss constraints faced by the public sector in retaining women in leadership positions, high turnover rate of women in management in the Public Sector and to identify strategies that can be implemented in order to ensure that the work environment is conducive for both women and men to thrive.

40 Work done by CGE on GBV • The Women’s charter base document , Under law and administration of justice States that; •.
There are still significant challenges in ensuring that women’s rights are promoted and protected.

Women: face a number of structural barriers to the realisation of their human rights, which are either - overlooked or not adequately addressed in national laws, policies and budgets.

- • often experience secondary victimisation when taking up issues such as gender-based violence within the criminal justice system.
To ensure that women’s rights are promoted and protected, the commission is doing the following’;  CGE monitoring of SAPS and Thuthuzela Care Centers (TCC) - CGE is in the process of monitoring SAPS and TCCs in the Province, looking at SAPS response towards gender- based violence, as well as the establishment and functioning of Victim Friendly rooms in the Province.
 CGE forms part of the established task team in Bloemspruit area (identified as a hotspot area) where extensive work has been done in relation to outreach and advocacy on GBV.

 Technical Committee on GBVF – CGE forms part of this committee chaired by the office o the Premier, aimed to monitor work done by stakeholder departments on the NSP on GBVF.

 The CGE is further represented in various provincial forums such as the Provincial Sexual Offences Forum, TIP Forum, VEP Forum, LGBTQAI Forum etc.
42 Work done by CGE on GBV  CGE continues to take complaints on GBVF and continues to resolve and monitor cases  Through our outreach and advocacy sessions the CGE continues to raise awareness and educate communities on GBVF and human rights.

This program is complemented by the role that CGE is playing in the 100 days Challenge on GBVF where the FS office is focusing on Pillar 3 and is currently in the lead.
 CGE engaged with strategic stakeholders (SAPS, DOJ&CD, NPA, DSD etc) on a continuous working relationship on referral of complaints, victim friendly rooms, etc.

43 Continuation  In respect of Shelters, the CGE notes that shelters are an imperative resource in rendering protection to survivors of GBV.

To this end we conducted and investigations into the state of Shelters in SA.
 The report of the Commission on the state of shelters in South Africa highlights deep-rooted systemic challenges, including inadequate funding that needs to be addressed at the highest level of institutions expected to offer services to survivors of violence.
 In the Free State it was further identified that absence of a proper costing model directly impacts on budget processes and ultimately sufficient resourcing of shelters, also taking into consideration the non-compliance by the department of the court order in the NAWONGO Judgement.
 The CGE will continue to monitor progress in respect of these findings 44 Monitoring of SAPS Commissioners visited various SAPS stations in the Free State Province: • • Parkroad Koffiefontein • Oppermansgronde Satalite Police station • • • Bloemspruit Batho Bronville • Welkom / Thabong • Hennenman • • • • • • Kroonstad Parys Sasolurg Kopanong Botshabelo Boithuso 45 Monitoring of SAPS (Victim Friendly rooms) Some of the observations include but are not limited to: - Cases reported by students are often withdrawn - DV cases reported late - J88 forms completed over extended periods impacts finalization and sometimes lead to complainants withdrawing cases - Lack of transport for purposes of victim support was also highlighted as contributing to withdrawal of cases.
- Further delays are attributed to environmental factors and lack of street names etc.

that impact on response time of SAPS to victims of GBV.

- Vehicle shortage and limited resources to conduct awareness sessions were also mentioned during these visits.

46 OVERALL OBSERVATIONS OF GBV IN FS • GBV cases currently being monitored by the CGE relate mostly to sexual offences, murder and assault and maintenance which in some instance lead to domestic disputes.
• It was observed that Woman & Children are mostly the victims whilst men are observed to be the perpetrators.

Perpetrators are also mostly known to the victims which leaves communities even more vulnerable.

• GBV cases are predominantly unreported in the rural areas for fear of blame by communities.

Most families demonstrated that disinclination to report GBV matters and opted to resolve them as a family.

The Commission observed that this has a negative effect on victims such as children.
These children tend to not recover from such violations.

• High levels of substance abuse amongst other societal issues is observed to be on of the main contributing factor to GBV.

• Some reports have been received alleging poor service by the SAPS specifically in cases where the victim is a man.

47 CONCLUSION There is a need to demystify gender oppression, participate in delivering South Africa from the chains of patriarchy and give those on the periphery an opportunity to taste the fruits of democracy.
An institution like the CGE specifically on many of the problems ranging from legal and traditional to attitudinal- can continue to address these issues with the support of much strict legislative prescripts.

48 Toll Free and Social Media HAVE A GENDER RELATED COMPLAINT ?

???

REPORT IT TO 0800 007 709 Twitter Handle @CGEinfo Facebook: Gender Commission of South Africa 49 HAVE A GENDER RELATED COMPLAINT?

REPORT IT 0800 007 709 http://www.cge.org.za/lodge-a-complaint/ @CGE_ZA 50